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J. K. MAHESHWARI, RAJESH BINDAL
Shivangi Shanker – Appellant
Versus
Reshma estates Pvt. Ltd. – Respondent
ORDER :
1. Leave granted.
2. The present appeal has been filed by the appellants against the judgment and decree1[Dated 13.09.2024] of the High Court2[High Court of Judicature at Bombay]. A suit3[Suit No.7566 of 2003 (Original Suit No.4091 of 2003)] for declaration was filed by the appellants seeking to enforce an Agreement dated 25.09.1986 which was allowed by the City Civil Court, Greater Bombay vide judgment and decree dated 07.12.2018. Aggrieved against the same the respondent preferred first appeal before the High Court, which was partly allowed and judgment and decree of the Trial Court was modified to some extent.
3. When the matter was listed before this Court on 06.11.2023, on consent by both the parties for reference of disputes for settlement through mediation, a request was made to Mr. Justice S.J. Vazifdar, Former Chief Justice of the High Court of Punjab and Haryana, to mediate between the parties and submit a report. The matter was directed to be listed after two months.
4. A report4[Dated 22.08.2024] of the learned Mediator has been received, in terms of which the disputes between the parties stand settled in terms of Articles of Agreement5[Dated 22.08.2024] signed by b
The court established that mediation can effectively resolve disputes, and agreements reached through mediation are binding and enforceable in court.
Parties involved in a dispute can resolve their differences amicably through mediation, leading to case disposal upon agreement.
Enforcement of Settlement Agreement
The court affirms that agreements reached through mediation are legally binding and appropriately recorded in the judgment.
The validity and lawfulness of a Settlement Agreement in the context of executing a decree.
Mediation agreements that are mutually settled by parties are valid and enforceable under the law, emphasizing the importance of upholding such agreements in legal disputes.
The court accepted a lawful settlement reached via mediation between the parties in a matrimonial appeal, emphasizing compliance with the agreed terms.
A lawful settlement mediated and signed by parties is binding, leading to dismissal of appeals based on mutual agreements in matrimonial disputes.
Mediation agreement reached by parties upheld by court as binding.
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